Pavement Rehabilitation Project

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1 Pavement Rehabilitation Project PROJECT MANUAL Project # December 7, 2017

2 DOCUMENT TABLE OF CONTENTS Division 00 - Procurement and Contracting Requirements Solicitation Project Title Page Table of Contents List of Drawings and Tables Advertisements and Invitations Notice to Bidders Instructions for Procurement Instructions Instructions to Bidders Available Information Available Project Information Existing Conditions Procurement Forms and Supplements Bid Forms Bid Form and Proposal Procurement Form Supplements Bid Bond Designated Subcontractors List Representations and Certifications Site Visit Certification Non-Collusion Declaration Workers Compensation Certification Governmental Certifications Prevailing Wage and Related Labor Requirements Certification Drug-Free Workplace Certification Tobacco-Free Environment Certification Hazardous Materials Certification Lead-Based Materials Certification Contracting Forms and Supplements Notice of Award Agreement Forms TABLE OF CONTENTS DOCUMENT

3 Agreement Form Stipulated Sum (Single-Prime Contract) Notice to Proceed Escrow Agreement in Lieu of Retention Project Forms Bond Forms Performance and Payment Bond Performance Bond Payment Bond Clarification and Modification Forms Change Order Form Closeout Forms Certificate of Completion Form Agreement and Release of Any and All Claims Guarantee Form Conditions of the Contract General Conditions General Conditions Stipulated Sum (Single-Prime Contract) Supplementary Conditions Special Conditions Hazardous Materials Procedures and Requirements Division 01 - General Requirements Summary Summary of Work Price and Payment Procedures Alternates and Unit Pricing Substitution Procedures Product Options and Substitutions Changes in the Work Application for Payment and Conditional and Unconditional Waiver and Release Forms Administrative Requirements Submittals Special Procedures TABLE OF CONTENTS DOCUMENT

4 Quality Requirements Special Project Procedures Site Standards Regulatory Requirements References Abbreviations and Acronyms Definitions References Materials and Equipment Quality Control Temporary Facilities and Controls Product Requirements Product Delivery, Storage and Handling Execution and Closeout Requirements Execution Cutting and Patching Alteration Project Procedures Contract Closeout and Final Cleaning Closeout Submittals Operation and Maintenance Data Warranties Record Documents Division 02 Division 32 Technical Specifications Site Demolition Site Utility Repair Sitework Concrete Headerboards Storm Drainage Excavation, Grading & Backfill Cement Treated Bases General Exterior Site Construction Requirements Asphalt Joint & Crack Filling Hot-Mix Asphalt Paving Hot-Mix Asphalt Pavement Repair Asphalt Emulsion Sealer TABLE OF CONTENTS DOCUMENT

5 Pavement Marking General Planting Requirements Landscape Restoration Lawn Sodding END OF DOCUMENT TABLE OF CONTENTS DOCUMENT

6 DOCUMENT LIST OF DRAWINGS AND TABLES DRAWINGS Sheet Number Description 1 of 5 Title Sheet 2 of 5 Design Plan 3 of 5 Grading Plan 4 of 5 Grading Plan 5 of 5 Details END OF DOCUMENT DRAWINGS DOCUMENT

7 DOCUMENT NOTICE TO BIDDERS 1. Notice is hereby given that the governing board ( Board ) of the Solano Community College District ( District ) will receive sealed bids for the following project, Bid No , 2. The Project consists of: Pavement Rehabilitation Project Rehabilitation of an existing asphalt pavement road, scope to include, but not be limited to, demolition and removal of existing material, treatment of existing subgrade, placement and compaction of new aggregate base, installation of redwood header, placement and compaction of hot mixed asphalt, stripings and markings. Scope may also include installation of storm drainage improvements and concrete swales and gutter pans, which are identified as two separate additive alternate scopes in the Contract Documents. See Contract Documents for full description of scope and requirements. 3. To bid on this Project, the Bidder is required to possess one or more of the following State of California Contractor Licenses: A, B and/or C-12 The Bidder's license(s) must remain active and in good standing throughout the term of the Contract. 4. To bid on this Project, the Bidder is required to be registered as a public works contractor with the Department of Industrial Relations (DIR). The Bidder s registration must remain active throughout the term of the Contract. 5. Contract Documents including drawings and specifications, will be available as of December 7, 2017, through the District s website at: 6. Sealed Bids will be received until 3:00 p.m., January 4, 2017, at the District s Bond Office, Building 600, Denis Honeychurch Board Room, 4000 Suisun Valley Road, Fairfield California, at or after which time the bids will be opened and publicly read aloud. Any bid that is submitted after this time shall be non-responsive and returned to the bidder. Any claim by a bidder of error in its bid must be made in compliance with section 5100 et seq. of the Public Contract Code. 7. All bids shall be on the form provided by the District. Each bid must conform and be responsive to all pertinent Contract Documents, including, but not limited to, the Instructions to Bidders. 8. A bid bond by an admitted surety insurer on the form provided by the District, cash, or a cashier's check or a certified check, drawn to the order of the Solano Community College District, in the amount of ten percent (10%) of the total bid price, shall accompany the Bid Form and Proposal, as a guarantee that the Bidder NOTICE TO BIDDERS DOCUMENT

8 will, within seven (7) calendar days after the date of the Notice of Award, enter into a contract with the District for the performance of the services as stipulated in the bid. 9. A mandatory pre-bid meeting will be held on December 15, 2017, at 11:00 a.m. at 4000 Suisun Valley Road, Portable Building 1103, Fairfield, California (campus map showing location of pre-bid meeting is attached below). All participants are required to sign in. The Site Visit is expected to take approximately one (1) hour. Failure to attend will render bid ineligible. 10. The successful Bidder shall be required to furnish a 100% Performance Bond and a 100% Payment Bond if it is awarded the contract for the Work. 11. The successful Bidder may substitute securities for any monies withheld by the District to ensure performance under the Contract, in accordance with the provisions of section of the Public Contract Code. 12. The successful bidder will be required to either meet the DVBE goal of three percent (3%) participation or demonstrate its good faith effort to solicit DVBE participation in this Contract if it is awarded the contract for the Work. 13. The Contractor and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Prevailing wage rates are also available from the District or on the Internet at: < 14. This Project is subject to labor compliance monitoring and enforcement by the Department of Industrial Relations pursuant to Labor Code section and subject to the requirements of Title 8 of the California Code of Regulations. The Contractor and all Subcontractors under the Contractor shall furnish electronic certified payroll records directly to the Labor Commissioner weekly or within ten (10) days of any request by the District or the Labor Commissioner. The successful Bidder shall comply with all requirements of Division 2, Part 7, Chapter 1, of the Labor Code. 15. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on: A. The TOTAL BASE BID AMOUNTS (including 10% Owner s Allowance). 16. The Board reserves the right to reject any and all bids and/or waive any irregularity in any bid received. If the District awards the Contract, the security of unsuccessful bidder(s) shall be returned within sixty (60) days from the time the award is made. Unless otherwise required by law, no bidder may withdraw its bid for ninety (90) days after the date of the bid opening. END OF DOCUMENT NOTICE TO BIDDERS DOCUMENT

9 Solano Col olleg ege Road P LOT LOT 4 LOT 2 Pre-Bid Meeting Location, Portable Building 1103 E LOT P F LOT B 1900 Suisun Valley Road Solano College Road A LOT B LOT LOT E 1400 Construction Zone P P LOT 3 LOT D LOT B Solano College ge Road 2500 F ld Linear Park Trail LEGEND You Are Here P Parking Meter Dispenser Bus Stop N Solano C ollege Road Emergency Phone E Emergency Assembly Point 600 Administration 400 Career & Employment Services MESAProgram 400 Student Services 400 Admission & Records 200 Children's Programs Center 400 Financial Aid 800 Nursing 2200 Swimming Pool 400 Assessment Center 1500 Computer Science 1300 Fine Arts 1200 Performing Arts/Theatre 400 Transfer Center 600 Boardroom 100 Contract Education 100 Foundation 1700 Physical Education 100 Tutoring Center 1400 Bookstore 1600 Cosmetology 1000 Horticulture Veteran s Affairs 500 Business 400 Counseling 700 Humanities 300 Science 2700 Vereran s Center 1400 Cafeteria 1900 Deliveries 400 Information 2700 Science 100 Workforce Development 400 CalWORKs 400 Disability Services Program Social Science 1800B Campus Police 1500 Engineering 100 Library 2500 Stadium 400 CARE Program 400 EOPS 1500 Math 1400 Student Center 1800 Career Technical Education Maintenance 1400 Student Health Services

10 DOCUMENT INSTRUCTIONS TO BIDDERS Contractors shall follow the instructions in this document, and shall submit all documents, forms, and information required for consideration of a Bid. Solano Community College District ( District ) will evaluate information submitted by the apparent low Bidder and, if incomplete or unsatisfactory to District, Bidder s bid may be rejected at the sole discretion of District. 1. Bids are requested for a general construction contract, or work described in general, for the following project ( Project or Contract ): Pavement Rehabilitation Project 2. District will receive sealed Bids from Bidders as stipulated in the Notice to Bidders. 3. Bidders must submit Bids on the Bid Form and Proposal and all other required District forms. Bids not submitted on the District's required forms shall be deemed non-responsive and shall not be considered. Additional sheets required to fully respond to requested information are permissible. 4. Bidders must supply all information required by each Bid Document. Bids must be full and complete. District reserves the right in its sole discretion to reject any Bid as non-responsive as a result of any error or omission in the Bid. Bidders must complete and submit all of the following documents with the Bid Form and Proposal: a. Bid Bond on the District's form or other security. b. Designated Subcontractors List. c. Site-Visit Certification, if a site visit was required. d. Noncollusion Declaration. 5. Bidders must submit with their Bids cash, a cashier's check or a certified check payable to District, or a bid bond by an admitted surety insurer of not less than ten percent (10%) of amount of base Bid, plus all additive alternates. If Bidder chooses to provide a Bid Bond as security, Bidder must use the required form of corporate surety provided by District. The Surety on Bidder s Bid Bond must be an insurer admitted in the State of California and authorized to issue surety bonds in the State of California. Bids submitted without necessary bid security will be deemed nonresponsive and will not be considered. 7. If Bidder to whom Contract is awarded fails or neglects to enter into Contract and submit required bonds, insurance certificates, and all other required documents, within SEVEN (7) calendar days after the date of the Notice of Award, District may deposit Bid Bond, cash, cashier's check, or certified check for collection, and proceeds thereof may be retained by District as liquidated damages for failure of Bidder to enter into Contract, in the sole discretion of District. It is agreed that calculation of damages District may suffer as a result of Bidder's failure to enter into the Contract would be extremely difficult and impractical to determine and that the INSTRUCTIONS TO BIDDERS DOCUMENT

11 amount of the Bidder s required bid security shall be the agreed and conclusively presumed amount of damages. 8. Bidders must submit with the Bid the Designated Subcontractors List for those subcontractors who will perform any portion of Work, including labor, rendering of service, or specially fabricating and installing a portion of the Work or improvement according to detailed drawings contained in the plans and specifications, in excess of one half of one percent (0.5%) of total Bid. All of the listed subcontractors are required to be registered as a public works contractor with the Department of Industrial Relations. The subcontractor s registration must remain active throughout the term of the Contract. Failure to submit this list when required by law shall result in Bid being deemed non-responsive and the Bid will not be considered. a. An inadvertent error in listing the California contractor license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor s license number is submitted to the District within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor. b. An inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply: (1) The subcontractor is registered prior to the bid opening. (2) The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening. (3) The subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section If a mandatory pre-bid conference and site visit ( Site Visit ) is requested as referenced in the Notice to Bidders, then Bidders must submit the Site-Visit Certification with their Bid. District will transmit to all prospective Bidders of record such Addenda as District in its discretion considers necessary in response to questions arising at the Site Visit. Oral statements shall not be relied upon and will not be binding or legally effective. Addenda issued by the District as a result of the Site Visit, if any, shall constitute the sole and exclusive record and statement of the results of the Site Visit. 10. Bidders shall submit the Noncollusion Declaration with their Bids. Bids submitted without the Noncollusion Declaration shall be deemed non-responsive and will not be considered. 11. Bids shall be clearly written without erasure or deletions. District reserves the right to reject any Bid containing erasures or deletions. 12. Bidders shall not modify the Bid Form and Proposal or qualify their Bids. Bidders shall not submit to the District a scanned, re-typed, word-processed, or otherwise recreated version of the Bid Form and Proposal or other District-provided document. INSTRUCTIONS TO BIDDERS DOCUMENT

12 13. The Bidder and all Subcontractors under the Contractor shall pay all workers on all work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the District, pursuant to sections 1770 et seq. of the California Labor Code. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are available upon request at the District s principal office. Prevailing wage rates are also available on the internet at Section of the Education Code and Public Contract Code section require community college districts using funds allocated pursuant to the State of California School Facility Program for the construction and/or modernization of school building(s) to have a participation goal for disabled veteran business enterprises ( DVBE ) of at least three percent (3%) per year of the overall dollar amount expended on projects that receive state funding or demonstrate its good faith effort to solicit DVBE participation in this Contract. In order to meet this requirement by demonstrating a good faith effort, Bidder must advertise for DVBE-certified subcontractors and suppliers before submitting its Bid. For any project that is at least partially state-funded, the lowest responsive responsible Bidder awarded the Contract must submit certification of compliance with the procedures for implementation of DVBE contracting goals with its signed Agreement. DVBE Certification Participation Forms are attached. Do not submit these forms with your Bid. 15. Submission of Bid signifies careful examination of Contract Documents and complete understanding of the nature, extent, and location of Work to be performed. Bidders must complete the tasks listed below as a condition to bidding, and submission of a Bid shall constitute the Bidder's express representation to District that Bidder has fully completed the following: a. Bidder has visited the Site, if required, and has examined thoroughly and understood the nature and extent of the Contract Documents, Work, Site, locality, actual conditions, as-built conditions, and all local conditions and federal, state and local laws, and regulations that in any manner may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto; b. Bidder has conducted or obtained and has understood all examinations, investigations, explorations, tests, reports, and studies that pertain to the subsurface conditions, as-built conditions, underground facilities, and all other physical conditions at or contiguous to the Site or otherwise that may affect the cost, progress, performance, or furnishing of Work, as Bidder considers necessary for the performance or furnishing of Work at the Contract Sum, within the Contract Time, and in accordance with the other terms and conditions of Contract Documents, including specifically the provisions of the General Conditions; and no additional examinations, investigations, INSTRUCTIONS TO BIDDERS DOCUMENT

13 explorations, tests, reports, studies, or similar information or data are or will be required by Bidder for such purposes; c. Bidder has correlated its knowledge and the results of all such observations, examinations, investigations, explorations, tests, reports, and studies with the terms and conditions of the Contract Documents; d. Bidder has given the District prompt written notice of all conflicts, errors, ambiguities, or discrepancies that it has discovered in or among the Contract Documents and the actual conditions, and the written resolution thereof by the District is acceptable to Bidder; e. Bidder has made a complete disclosure in writing to the District of all facts bearing upon any possible interest, direct or indirect, that Bidder believes any representative of the District or other officer or employee of the District presently has or will have in this Contract or in the performance thereof or in any portion of the profits thereof; e. Bidder must, prior to bidding, perform the work, investigations, research, and analysis required by this document and that Bidder represented in its Bid Form and Proposal and the Agreement that it performed prior to bidding. Contractor under this Contract is charged with all information and knowledge that a reasonable bidder would ascertain from having performed this required work, investigation, research, and analysis. Bid prices must include entire cost of all work incidental to completion of the Work. f. Conditions Shown on the Contract Documents: Information as to underground conditions, as-built conditions, or other conditions or obstructions, indicated in the Contract Documents, e.g., on Drawings or in Specifications, has been obtained with reasonable care, and has been recorded in good faith. However, District only warrants, and Contractor may only rely, on the accuracy of limited types of information. (1) As to above-ground conditions or as-built conditions shown or indicated in the Contract Documents, there is no warranty, express or implied, or any representation express or implied, that such information is correctly shown or indicated. This information is verifiable by independent investigation and Contractor is required to make such verification as a condition to bidding. In submitting its Bid, Contractor shall rely on the results of its own independent investigation. In submitting its Bid, Contractor shall not rely on District-supplied information regarding above-ground conditions or asbuilt conditions. (2) As to any subsurface condition shown or indicated in the Contract Documents, Contractor may rely only upon the general accuracy of actual reported depths, actual reported character of materials, actual reported soil types, actual reported water conditions, or actual obstructions shown or indicated. District is not responsible for the completeness of such information for bidding or construction; nor is District responsible in any way for any conclusions or opinions of Contractor drawn from such information; nor is the District responsible INSTRUCTIONS TO BIDDERS DOCUMENT

14 for subsurface conditions that are not specifically shown (for example, District is not responsible for soil conditions in areas contiguous to areas where a subsurface condition is shown). g. Conditions Shown in Reports and Drawings Supplied for Informational Purposes: Reference is made to the document entitled Geotechnical Data, and the document entitled Existing Conditions, for identification of: (1) Subsurface Conditions: Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that have been utilized by Architect in preparing the Contract Documents; and (2) Physical Conditions: Those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site that has been utilized by Architect in preparing the Contract Documents. (3) These reports and drawings are not Contract Documents and, except for any technical data regarding subsurface conditions specifically identified in Geotechnical Data and Existing Conditions, and underground facilities data, Contractor may not in any manner rely on the information in these reports and drawings. Subject to the foregoing, Contractor must make its own independent investigation of all conditions affecting the Work and must not rely on information provided by District. 16. Bidders may examine any available as-built drawings of previous work by giving District reasonable advance notice. District will not be responsible for accuracy of as-built drawings. The document entitled Existing Conditions applies to all supplied as-built drawings. 17. All questions about the meaning or intent of the Contract Documents are to be directed in writing to the District. Interpretations or clarifications considered necessary by the District in response to such questions will be issued in writing by Addenda ed, faxed, mailed, or delivered to all parties recorded by the District as having received the Contract Documents. Questions received less than SEVEN (7) calendar days prior to the date for opening Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect. 18. Addenda may also be issued to modify other parts of the Contract Documents as deemed advisable by the District. 19. Each Bidder must acknowledge each Addendum in its Bid Form and Proposal by number or its Bid shall be considered non-responsive. Each Addendum shall be part of the Contract Documents. A complete listing of Addenda may be secured from the District. 20. Bids shall be based on products and systems specified in Contract Documents or listed by name in Addenda. Whenever in the Specifications any materials, process, or article is indicated or specified by grade, patent, or proprietary name, or by name of manufacturer, that Specification shall be deemed to be followed by the words or INSTRUCTIONS TO BIDDERS DOCUMENT

15 equal. Bidder may, unless otherwise stated, offer any material, process, or article that shall be substantially equal or better in every respect to that so indicated or specified. The District is not responsible and/or liable in any way for a Contractor s damages and/or claims related, in any way, to that Contractor s basing its bid on any requested substitution that the District has not approved. Contractors and materials suppliers who submit requests for substitutions prior to the award of the Contract must do so in writing and in compliance with Public Contract Code section All requests must comply with the following: a. District must receive any request for substitution a minimum of THIRTEEN (13) calendar days prior to bid opening. b. Within 13 days prior to bid opening, included with the request for substitution, the Bidder shall submit data substantiating a request for substitution containing sufficient information to assess acceptability of product or system and impact on Project, including, without limitation, the requirements specified in the Special Conditions and the Specifications. Insufficient information shall be grounds for rejection of substitution. c. Approved substitutions, if any, shall be listed in Addenda. District reserves the right not to act upon submittals of substitutions until after bid opening. d. Substitutions will not be accepted after Contract has been awarded. 21. All Bids must be sealed, and marked with name and address of the Bidder and the Project Number, Bid number, Bid package, and time of bid opening. Bids will be received as indicated in the Notice to Bidders. a. Mark envelopes with the name of the Project. b. Bids must be submitted to Solano Community College District, c/o Purchasing: Laura Scott, 4000 Suisun Valley Road, Building 600 (Denis Honeychurch Boardroom 626), Fairfield, CA by date and time shown in the Notice to Bidders. c. Bidders choosing to mail bids shall send them to, 4000 Suisun Valley Road (Building 600, Room 604B), Fairfield, California 94534, Attn: Laura Scott, Bond Purchasing, Project #18-007, Pavement Rehabilitation Project. If mailing, the District suggests delivery one day prior to bid date to allow for sufficient time for receiving, processing and delivery to appropriate department. d. Bids must contain all documents as required herein. 22. Bids will be opened at or after the time indicated for receipt of bids. 23. This Contract may include alternates. Alternates are defined as alternate products, materials, equipment, systems, methods, or major elements of the construction that may, at the District's option and under terms established in the Contract and pursuant to section of the Public Contract Code, be selected for the Work. INSTRUCTIONS TO BIDDERS DOCUMENT

16 24. The District shall award the Contract, if it awards it at all, to the lowest responsive responsible bidder based on the criteria as indicated in the Notice to Bidders. In the event two or more responsible bidders submit identical bids, the District shall select the Bidder to whom to award the Contract by lot. 25. Time for Completion: District may issue a Notice to Proceed within THREE (3) months from the date of the Notice of Award. Once Contractor has received the Notice to Proceed, Contractor shall complete the Work within the period of time indicated in the Contract Documents. a. In the event that the District desires to postpone issuing the Notice to Proceed beyond this 3-month period, it is expressly understood that with reasonable notice to the Contractor, the District may postpone issuing the Notice to Proceed. b. It is further expressly understood by Contractor that Contractor shall not be entitled to any claim of additional compensation as a result of the postponement of the issuance of the Notice to Proceed beyond a 3-month period. If the Contractor believes that a postponement of issuance of the Notice to Proceed will cause a hardship to the Contractor, the Contractor may terminate the Contract. Contractor s termination due to a postponement beyond this 3-month period shall be by written notice to District within TEN (10) calendar days after receipt by Contractor of District's notice of postponement. c. It is further understood by the Contractor that in the event that Contractor terminates the Contract as a result of postponement by the District, the District shall only be obligated to pay Contractor for the Work that Contractor had performed at the time of notification of postponement and which the District had in writing authorized Contractor to perform prior to issuing a Notice to Proceed. d. Should the Contractor terminate the Contract as a result of a notice of postponement, District shall have the authority to award the Contract to the next lowest responsive responsible bidder. 26. The Bidder to whom Contract is awarded shall execute and submit the following documents by 5:00 p.m. of the SEVENTH (7 th ) calendar day following the date of the Notice of Award. Failure to properly and timely submit these documents entitles District to reject the bid as non-responsive. a. Agreement: To be executed by successful Bidder. Submit four (4) copies, each bearing an original signature. b. Performance Bond (100%): On the form provided in the Contract Documents and fully executed as indicated on the form. c. Payment Bond (100%) (Contractor's Labor and Material Bond): On the form provided in the Contract Documents and fully executed as indicated on the form. d. Insurance Certificates and Endorsements as required. INSTRUCTIONS TO BIDDERS DOCUMENT

17 e. Workers Compensation Certification. f. Prevailing Wage and Related Labor Requirements Certification. g. Drug-Free Workplace Certification. h. Tobacco-Free Environment Certification. i. Hazardous Materials Certification. j. Lead-Based Paint Certification. k. Roofing Project Certification: from Contractor, Material Manufacturer and/or Vendor. 27. Any bid protest by any Bidder regarding any other bid must be submitted in writing to the District, before 5:00 p.m. of the THIRD (3 rd ) business day following bid opening. a. Only a Bidder who has actually submitted a bid, and who could be awarded the Contract if the bid protest is upheld, is eligible to submit a bid protest. Subcontractors are not eligible to submit bid protests. A Bidder may not rely on the bid protest submitted by another Bidder. b. A bid protest must contain a complete statement of any and all bases for the protest and all supporting documentation. Materials submitted after the bid protest deadline will not be considered. c. The protest must refer to the specific portions of all documents that form the basis for the protest. (1) Without limitation to other bases for protest, an inadvertent error in listing the California contractor license number on the Designated Subcontractors List shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the correct contractor s license number is submitted to the District within 24 hours after the bid opening and the corrected number corresponds with the submitted name and location for that subcontractor. (2) Without limitation to other bases for protest, an inadvertent error listing an unregistered subcontractor shall not be grounds for filing a bid protest or grounds for considering the bid nonresponsive provided that any of the following apply: (i) The subcontractor is registered prior to the bid opening. (ii) The subcontractor is registered and has paid the penalty registration fee within 24 hours after the bid opening. (iii) The subcontractor is replaced by another registered subcontractor pursuant to Public Contract Code section INSTRUCTIONS TO BIDDERS DOCUMENT

18 d. The protest must include the name, address and telephone number of the person representing the protesting party. e. The party filing the protest must concurrently transmit a copy of the protest and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. f. The procedure and time limits set forth in this paragraph are mandatory and are each bidder s sole and exclusive remedy in the event of bid protest. Failure to comply with these procedures shall constitute a waiver of any right to further pursue the bid protest, including filing a Government Code Claim or legal proceedings. 28. District reserves the right to reject any or all bids, including without limitation the right to reject any or all nonconforming, non-responsive, unbalanced, or conditional bids, to re-bid, and to reject the bid of any bidder if District believes that it would not be in the best interest of the District to make an award to that bidder, whether because the bid is not responsive or the bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by District. District also reserves the right to waive inconsequential deviations not involving price, time, or changes in the Work. For purposes of this paragraph, an unbalanced bid is one having nominal prices for some work items and/or enhanced prices for other work items. 29. Discrepancies between written words and figures, or words and numerals, will be resolved in favor of numerals or figures. 30. Prior to the award of Contract, District reserves the right to consider the responsibility of the Bidder. District may conduct investigations as District deems necessary to assist in the evaluation of any bid and to establish the responsibility, including, without limitation, qualifications and financial ability of Bidders, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to District's satisfaction within the prescribed time. END OF DOCUMENT INSTRUCTIONS TO BIDDERS DOCUMENT

19 DOCUMENT EXISTING CONDITIONS 1. Summary This document describes existing conditions at or near the Project, and use of information available regarding existing conditions. This document is not part of the Contract Documents. See General Conditions for definition(s) of terms used herein. 2. Reports and Information on Existing Conditions a. Documents providing a general description of the Site and conditions of the Work may have been collected by Solano Community College District ( District ), its consultants, contractors, and tenants. These documents may include previous contracts, contract specifications, tenant improvement contracts, as-built drawings, utility drawings, and information regarding underground facilities. b. Information regarding existing conditions may be inspected at the District offices or the Construction Manager s offices, if any, and copies may be obtained at cost of reproduction and handling upon Bidder's agreement to pay for such copies. These reports, documents, and other information are not part of the Contract Documents. c. Information regarding existing conditions may also be included in the Project Manual, but shall not be considered part of the Contract Documents. d. Prior to commencing this Work, Contractor and the District s representative shall survey the Site to document the condition of the Site. Contractor will record the survey in digital videotape format and provide an electronic copy to the District within fourteen (14) days of the survey. e. Contractor may also document any pre-existing conditions in writing, provided that both the Contractor and the District s representative agree on said conditions and sign a memorandum documenting the same. f. The reports and other data or information regarding existing conditions and underground facilities at or contiguous to the Project are the following: 3. Use of Information (1) Original Construction Drawings. a. Information regarding existing conditions was obtained only for use of District and its consultants, contractors, and tenants for planning and design and is not part of the Contract Documents. b. District does not warrant, and makes no representation regarding, the accuracy or thoroughness of any information regarding existing conditions. EXISTING CONDITIONS DOCUMENT

20 Bidder represents and agrees that in submitting a bid it is not relying on any information regarding existing conditions supplied by District. c. Under no circumstances shall District be deemed to warrant or represent existing above-ground conditions, as-built conditions, or other actual conditions, verifiable by independent investigation. These conditions are verifiable by Contractor by the performance of its own independent investigation that Contractor must perform as a condition to bidding and Contractor should not and shall not rely on this information or any other information supplied by District regarding existing conditions. d. Any information shown or indicated in the reports and other data supplied herein with respect to existing underground facilities at or contiguous to the Project may be based upon information and data furnished to District by the District's employees and/or consultants or builders of such underground facilities or others. District does not assume responsibility for the completeness of this information, and Bidder is solely responsible for any interpretation or conclusion drawn from this information. e. District shall be responsible only for the general accuracy of information regarding underground facilities, and only for those underground facilities that are owned by District, and only where Bidder has conducted the independent investigation required of it pursuant to the Instructions to Bidders, and discrepancies are not apparent. 4. Investigations/Site Examinations a. Before submitting a Bid, each Bidder is responsible for conducting or obtaining any additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and underground facilities) at or contiguous to the Site or otherwise, that may affect cost, progress, performance, or furnishing of Work or that relate to any aspect of the means, methods, techniques, sequences, or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or that Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price, and other terms and conditions of Contract Documents. b. On request, District will provide each Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies, as each Bidder deems necessary for submission of a Bid. Bidders must fill all holes and clean up and restore the Site to its former condition upon completion of its explorations, investigations, tests, and studies. Such investigations and Site examinations may be performed during any and all Site visits indicated in the Notice to Bidders and only under the provisions of the Contract Documents, including, but not limited to, proof of insurance and obligation to indemnify against claims arising from such work, and District s prior approval. END OF DOCUMENT EXISTING CONDITIONS DOCUMENT

21 DOCUMENT BID FORM AND PROPOSAL To: From: Governing Board of Solano Community College District ( District or Owner ) (Proper Name of Bidder) The undersigned declares that the Contract Documents including, without limitation, the Notice to Bidders and the Instructions to Bidders have been read and agrees and proposes to furnish all necessary labor, materials, and equipment to perform and furnish all work in accordance with the terms and conditions of the Contract Documents, including, without limitation, the Drawings and Specifications of Bid No PROJECT: Pavement Rehabilitation Project ( Project or Contract ) and will accept in full payment for that Work the following total lump sum amount, all taxes included: BASE BID AMOUNT dollars $ dollars $ 10% OWNER S ALLOWANCE OF BASE BID AMOUNT dollars $ TOTAL BASE BID AMOUNT (CUMULATIVE TOTAL OF BASE BID AMOUNT AND 10% OWNER S ALLOWANCE) Additive Alternates: Add Alternate #1 dollars $ Installation of storm drain system, including all piping and drop inlets identified on construction plans. Add Alternate #1 amount shall include all scope identified as (ALTERNATE NO. 1) on construction plans. dollars $ 10% OWNER S ALLOWANCE OF ADD ALTERNATE #1 BID FORM AND PROPOSAL DOCUMENT

22 TOTAL ADD ALTERNATE #1 AMOUNT dollars $ Add Alternate #2 dollars $ Installation of concrete swales and gutter pan identified on construction plans. Add Alternate #2 amount shall include all scope identified as (ALTERNATE NO. 2) on construction plans. dollars $ 10% OWNER S ALLOWANCE OF ADD ALTERNATE #2 TOTAL ADD ALTERNATE #2 AMOUNT dollars $ Descriptions of alternates are primarily scope definitions and do not necessarily detail the full range of materials and processes needed to complete the construction. 1. Owner s Allowance. The Bidder s Base Bid and each alternate shall include a ten percent (10%) allowance for unforeseen items. The above allowance shall only be allocated for unforeseen items relating to the Work. Contractor shall not bill for or be due any portion of this allowance unless the District has identified specific work, Contractor has submitted a price for that work or the District has proposed a price for that work, the District has accepted the cost for that work, and the District has prepared a change order incorporating that work. Contractor hereby authorizes the District to execute a unilateral deductive change order at or near the end of the Project for all or any portion of the allowance not allocated. 2. The undersigned has reviewed the Work outlined in the Contract Documents and fully understands the scope of Work required in this Proposal, understands the construction and project management function(s) is described in the Contract Documents, and that each Bidder who is awarded a contract shall be in fact a prime contractor, not a subcontractor, to the District, and agrees that its Proposal, if accepted by the District, will be the basis for the Bidder to enter into a contract with the District in accordance with the intent of the Contract Documents. 3. The undersigned has notified the District in writing of any discrepancies or omissions or of any doubt, questions, or ambiguities about the meaning of any of the Contract Documents, and has contacted the Construction Manager before bid date to verify the issuance of any clarifying Addenda. BID FORM AND PROPOSAL DOCUMENT

23 4. The undersigned agrees to commence work under this Contract on the date established in the Contract Documents and to complete all work within the time specified in the Contract Documents. 5. The liquidated damages clause of the General Conditions and Agreement is hereby acknowledged. 6. It is understood that the District reserves the right to reject this bid and that the bid shall remain open to acceptance and is irrevocable for a period of ninety (90) days. 7. The following documents are attached hereto: Bid Bond on the District's form or other security Designated Subcontractors List Site-Visit Certification Noncollusion Declaration 8. Receipt and acceptance of the following addenda is hereby acknowledged: No., Dated No., Dated No., Dated No., Dated No., Dated No., Dated 9. Bidder acknowledges that the license required for performance of the Work is a A, B and/or C-12 license. 10. The undersigned hereby certifies that Bidder is able to furnish labor that can work in harmony with all other elements of labor employed or to be employed on the Work. 11. Bidder specifically acknowledges and understands that if it is awarded the Contract, that it shall perform the Work of the Project while complying with all requirements of the Department of Industrial Relations [and with all requirements of the Project Labor Agreement]. 12. The Bidder represents that it is competent, knowledgeable, and has special skills with respect to the nature, extent, and inherent conditions of the Work to be performed. Bidder further acknowledges that there are certain peculiar and inherent conditions existent in the construction of the Work that may create, during the Work, unusual or peculiar unsafe conditions hazardous to persons and property. 13. Bidder expressly acknowledges that it is aware of such peculiar risks and that it has the skill and experience to foresee and to adopt protective measures to adequately and safely perform the Work with respect to such hazards. 14. Bidder expressly acknowledges that it is aware that if a false claim is knowingly submitted (as the terms claim and knowingly are defined in the California False BID FORM AND PROPOSAL DOCUMENT

24 Claims Act, Cal. Gov. Code, et seq.), the District will be entitled to civil remedies set forth in the California False Claim Act. It may also be considered fraud and the Contractor may be subject to criminal prosecution. 15. The undersigned Bidder certifies that it is, at the time of bidding, and shall be throughout the period of the contract, licensed by the State of California to do the type of work required under the terms of the Contract Documents and registered as a public works contractor with the Department of Industrial Relations. Bidder further certifies that it is regularly engaged in the general class and type of work called for in the Contract Documents. Furthermore, Bidder hereby certifies to the District that all representations, certifications, and statements made by Bidder, as set forth in this bid form, are true and correct and are made under penalty of perjury. Dated this day of 20 Name of Bidder Type of Organization Signed by Title of Signer Address of Bidder Taxpayer's Identification No. of Bidder Telephone Number Fax Number Web page Contractor's License No(s): No.: Class: Expiration Date: No.: Class: Expiration Date: No.: Class: Expiration Date: BID FORM AND PROPOSAL DOCUMENT

25 Public Works Contractor Registration No.: If Bidder is a corporation, affix corporate seal. Name of Corporation: President: Secretary: Treasurer: Manager: END OF DOCUMENT BID FORM AND PROPOSAL DOCUMENT

26 DOCUMENT BID BOND (Note: If Bidder is providing a bid bond as its bid security, Bidder must use this form, NOT a surety company form.) KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned, as as Principal ( Principal ), and as Surety ( Surety ), a corporation organized and existing under and by virtue of the laws of the State of California and authorized to do business as a surety in the State of California, are held and firmly bound unto the Solano Community College District ( District ) of County, State of California as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we, and each of us, bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that whereas the Principal has submitted a bid to the District for all Work specifically described in the accompanying bid; NOW, THEREFORE, if the Principal is awarded the Contract and, within the time and manner required under the Contract Documents, after the prescribed forms are presented to Principal for signature, enters into a written contract, in the prescribed form in accordance with the bid, and files two bonds, one guaranteeing faithful performance and the other guaranteeing payment for labor and materials as required by law, and meets all other conditions to the contract between the Principal and the Obligee becoming effective, or if the Principal shall fully reimburse and save harmless the Obligee from any damage sustained by the Obligee through failure of the Principal to enter into the written contract and to file the required performance and labor and material bonds, and to meet all other conditions to the Contract between the Principal and the Obligee becoming effective, then this obligation shall be null and void; otherwise, it shall be and remain in full force and effect. The full payment of the sum stated above shall be due immediately if Principal fails to execute the Contract within seven (7) days of the date of the District's Notice of Award to Principal. Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work to be performed thereunder, or the specifications accompanying the same, shall in any way affect its obligation under this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or the call for bids, or to the work, or to the specifications. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorneys' fee to be fixed by the Court. BID BOND DOCUMENT

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